(404) 816-4440

Blog

About Richard Lawson

Is Justification a Defense to a DUI in Georgia?

Posted by Richard Lawson | Jul 18, 2017 | 0 Comments

Generally, a justification defense will not be successful, but it is technically possible.

In a justification defense, the accused must first admit that they violated the law; however, the violation of the law should be excused because there was a justifiable and compelling reason.

You cannot have it both ways, where a person says I did not commit the crime; however if you think that I did, there was an excusable reason.

An example of a justification defense is where a person is defending him or herself. Self Defense is the classic example of justification. In a self-defense situation, there is no question that the accused caused bodily harm to another person. The defense is that the accused had a right to protect him or herself from the other person, and as a result, caused that person bodily harm.

The problem with justification, as a defense to a DUI in Georgia, is that very few things can justify drunk driving.

One possibility is where a person is fleeing a domestic violence situation and must leave to save him or herself from immediate bodily harm. The practical problem is that once the person is safely away, they must then stop their vehicle and call for help.

Once out of danger, the risk to the public exceeds the risk to the person fleeing. As a result, if they do not stop their car and call the police, their actions are no longer justified.

In my experience, victims of domestic violence do not follow the above-stated course of conduct. More often, they try to drive to a friend or family member's home. As the point, they are no longer in danger; they would not be justified in their continued driving. This is why justification, as a defense to a Georgia DUI case, very often is unsuccessful.

For more Georgia DUI information, check back regularly. For information regarding Georgia DUI Penalties, see our new expanded page.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 10 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Choosing the Best DUI Lawyer

Richard lawson logo

When you are arrested for DUI in Georgia, finding the right Lawyer is Job #1. At the Law Offices of Richard S. Lawson we will investigate your case and find the best possible legal defense to your DUI in Georgia. You are in good hands with Richard Lawson and his associates. We will work tirelessly to help you while compassionately holding your hand throughout the entire DUI Defense Process.

Georgia DUI Defense Attorneys

At the Law Office of Richard S. Lawson, we have offices conveniently located throughout metro Atlanta and throughout Georgia. If we do not have a convenient office, we will come to you. We practice throughout Metro Atlanta and North Georgia. If your case is in an area we do not serve, we will find you an attorney in your area free of charge. Our office is part of a State-wide network of Georgia DUI Lawyers. Contact us 24/7 for immediate legal help. Our attorneys are standing by. Your DUI Case will not defend itself. Your Best Georgia DUI Defense Begins Here!